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1998 Supreme(J&K) 156

SYED BASHIR-UD-DIN
State Of J. &K. – Appellant
Versus
Syed & Co. – Respondent


Advocates Appeared:
Advocate For Appellant: H.I. Hussain
Advocate For Respondent: M.A. Qadiri

1. In Civil original suit, Syed & Co Vs. State of Jammu and Kashmir, the court of District Judge, Srinagar passed judgment Dated 18-7-1995, decreeing the paintiffs suit for recovery of an amount of Rs. 3,45,762.00 (as excess royalty), Rs, 24,009/- (sinking fund) and Rs.24,009/- as security deposit with 12% interest per annum w.e.f., 8-8-81 in addition to delivery of 9004 cft of Kail 3292 cft of run. This decree dated 18.7.1996, against the State government and officers of Forest Department was presented for execution, when the decree holders counsel filed an application seeking attachment of the decretal amount from A/C No. 2406 of Forest Department at Saddar Treasury and attachment of the timber. The executing court of District Judge Srinagar on 23.10.1996, itself passed an order of freezing an amount of Rs.24,62,954.00 in A/C No.2406 of forest department at Saddar Treasury Srinagar with direction to the Treasury Officer to deposit the amount in the District Court. Besides, the timber was ordered to be attached from parimpora Depot of the State Government.

2. This order is impugned in this revision by the state on the grounds that the execution of the decree has been filed before t






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